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485 case denied, NOW what?
- Thread starter hassoon
- Start date
PrinceofJungle
New Member
I believe there is "appeal" option that wuold hold the status untill final dicesssion from INS and may be there are more option exists and I am not aware of it.
Its better if anyone in this situation to get advise from experienced attorney....
would u like to share the story pls
Its better if anyone in this situation to get advise from experienced attorney....
would u like to share the story pls
curiousGeorge
Registered Users (C)
hassoon,
Was your case actually denied? or are you just wondering what happens if you are denied?
Was your case actually denied? or are you just wondering what happens if you are denied?
My case is not denied, but
There is a chance it will be, because I left my sponsering company immediately after applying for the 1485, I had inteview and the officer knew this. He did not approved my case nor denied it, that was 6 months ago, now I am waiting for decision, I think it will come soon. I just don't know what to do if it is denied, I hope it won't, but some times I feel there is a big chance to be denied from my experience in the interview and other things.
There is a chance it will be, because I left my sponsering company immediately after applying for the 1485, I had inteview and the officer knew this. He did not approved my case nor denied it, that was 6 months ago, now I am waiting for decision, I think it will come soon. I just don't know what to do if it is denied, I hope it won't, but some times I feel there is a big chance to be denied from my experience in the interview and other things.
There is a chance it will be, because I left my sponsoring company immediately after applying for the 1485
---- No problem, many were laid off after filing I-485, many never worked with original sponsor and filed I-485, GC is for future job and read the AC21 MEMO it does not say that you should be working with the employer who filed LC , I-140, I-485 petition belongs to you. If I-140 was approved and I-485 was pending more than 180 days you are eligible to use AC21, you can submit AC21 and intent change letter and new employer letter any time before I-485 approval or if they send RFE at that time or at the time of I-485 Interview if case is sent to local USCIS office
I had interview and the officer knew this.
-- Did you provide Intent change and new employer letter at the time of Interview? if yes what was the reaction of officer? has he said anything to you?
He did not approved my case nor denied it, that was 6 months ago, now I am waiting for decision,
---- What is your local USCIS office where you were interviewed? What kind of questions did officer ask? What documents they asked to bring at the time of Interview. if you reply it may help others
I think it will come soon. I just don't know what to do if it is denied, I hope it won't, but some times I feel there is a big chance to be denied from my experience in the interview and other things.
---- I don’t see any reason for I-485 denial because if underlying I-140 would have been revoked then officer should have told you that you don’t have any base for I-485 approval or Service centre would never transfer the case if I-140 has gone. I don’t see any problem and I-485 will be approved ( I don’t know your complete case details)
** You can write a letter to local USCIS for “Status inquiry” write in the cover letter your date of Interview your name, DOB, I-485 # and A#. Sometime they keep the file and will not touch if no inquiries, try to take action.
You need to read AC21 Memo 2-3 times and relax
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.htm
Good Luck!!
---- No problem, many were laid off after filing I-485, many never worked with original sponsor and filed I-485, GC is for future job and read the AC21 MEMO it does not say that you should be working with the employer who filed LC , I-140, I-485 petition belongs to you. If I-140 was approved and I-485 was pending more than 180 days you are eligible to use AC21, you can submit AC21 and intent change letter and new employer letter any time before I-485 approval or if they send RFE at that time or at the time of I-485 Interview if case is sent to local USCIS office
I had interview and the officer knew this.
-- Did you provide Intent change and new employer letter at the time of Interview? if yes what was the reaction of officer? has he said anything to you?
He did not approved my case nor denied it, that was 6 months ago, now I am waiting for decision,
---- What is your local USCIS office where you were interviewed? What kind of questions did officer ask? What documents they asked to bring at the time of Interview. if you reply it may help others
I think it will come soon. I just don't know what to do if it is denied, I hope it won't, but some times I feel there is a big chance to be denied from my experience in the interview and other things.
---- I don’t see any reason for I-485 denial because if underlying I-140 would have been revoked then officer should have told you that you don’t have any base for I-485 approval or Service centre would never transfer the case if I-140 has gone. I don’t see any problem and I-485 will be approved ( I don’t know your complete case details)
** You can write a letter to local USCIS for “Status inquiry” write in the cover letter your date of Interview your name, DOB, I-485 # and A#. Sometime they keep the file and will not touch if no inquiries, try to take action.
You need to read AC21 Memo 2-3 times and relax
Take the print out and Read the AC21 august Memo:
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.murthy.com/UDportme.htm
Good Luck!!
ginnu, Thank you man
Here is the answers to your questions:
The officer was not knoledgable, and he said he did not process employment based before with some one left his sponsering company. He said that he is aware of the new law but he does not know if I am eligible to use it. He did not give me or my lawyer any chance to argue, he shuts the door on us very quickly by saying, I don't know, I cannot approve the case, I have to sent it to NebrasKa and they will take care of it.
He just went through the application and asked exactly the same questions in the application. he did not ask for many documents, he asked for bank account statements and utility bills only as far as I remember.
I like the idea of writing Status Query to them, I will do it, but as you said, there is not Form, right? just cover letter.
I read the AC 21 links you provided, but it is not clear, it could very easily be interpreted as that I have to stay for 180days before leaving. Because it says that if the 485 is pending for less than 180 days then the 140 is not valid any more and so th 485 will not be approved. It could be understood very easily that this condition is applied UPON SWITCHING JOBS instead of ADJUDICATION TIME. I don't know really,
Here is the answers to your questions:
The officer was not knoledgable, and he said he did not process employment based before with some one left his sponsering company. He said that he is aware of the new law but he does not know if I am eligible to use it. He did not give me or my lawyer any chance to argue, he shuts the door on us very quickly by saying, I don't know, I cannot approve the case, I have to sent it to NebrasKa and they will take care of it.
He just went through the application and asked exactly the same questions in the application. he did not ask for many documents, he asked for bank account statements and utility bills only as far as I remember.
I like the idea of writing Status Query to them, I will do it, but as you said, there is not Form, right? just cover letter.
I read the AC 21 links you provided, but it is not clear, it could very easily be interpreted as that I have to stay for 180days before leaving. Because it says that if the 485 is pending for less than 180 days then the 140 is not valid any more and so th 485 will not be approved. It could be understood very easily that this condition is applied UPON SWITCHING JOBS instead of ADJUDICATION TIME. I don't know really,
it could very easily be interpreted as that I have to stay for 180days before leaving
--------- did you read the MEMO page 3??
“It should be noted that there is no
requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the
underlying employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.”
--------- did you read the MEMO page 3??
“It should be noted that there is no
requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the
underlying employment until permanent residence is authorized. Therefore, it is possible for an
alien to qualify for the provisions of §106(c) of AC21 even if he or she has never been employed
by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.”
ghost-rider
Registered Users (C)
hasson
you can write a letter to local office and they will reply to it . As well as write to local congressman or senator. Friend of mine had written those to local offices and they replied back wit his interview dates and other information.
you can write a letter to local office and they will reply to it . As well as write to local congressman or senator. Friend of mine had written those to local offices and they replied back wit his interview dates and other information.